Talmud - Shabbat 102a שבת ק״ב א׳

MISHNA: One who unwittingly throws an object from one domain to another or one who throws an object four cubits within the public domain, and after the object left his hand he remembered that he is in violation of a prohibition, if another caught it, or if a dog caught it, or if it was burned, he is exempt. Similarly, if one threw a rock on Shabbat to inflict a wound on a person or on an animal, for which one is liable to bring a sin-offering, and he remembered that he was in violation of a prohibition before the wound was inflicted, he is exempt. This is the principle: All who are liable to bring sin-offerings are only liable if the beginning of their action and the conclusion of their action are unwitting. However, if the beginning of one’s action was unwitting and the conclusion was intentional, as he became aware that he was in violation of a prohibition, or if the beginning of one’s action was intentional and the conclusion was unwitting, the individuals in both of these cases are exempt until both the beginning and the conclusion are unwitting.

GEMARA: We learned in the mishna that if one throws an object unwittingly and then remembers that he was in violation of a prohibition, he is exempt if the object did not come to rest on the ground. The Gemara infers: If the object comes to rest, he is liable. The Gemara asks: Why is he liable? Didn’t he remember the prohibition before it landed, and we learned in the mishna: All who are liable to bring sin-offerings are only liable if the beginning of their action and the conclusion of their action will be unwitting? If one remembered before the act was complete, he should be exempt. Rav Kahana said: With regard to the latter clause of the mishna, we have come to a special case of a bolt and a cord. The bolt is connected to a cord that one holds in his hand, which renders him capable of retrieving the bolt before it lands. Therefore, in a case where the beginning was unwitting and the conclusion was intentional, one is exempt because he is still capable of changing the outcome of the action. However, in the first clause of the mishna, once the object left his hand the action is irreversible, and therefore it is an action whose beginning and conclusion are unwitting.

The Gemara asks: The case of the bolt and the cord is one where one holds it in his hand. Therefore, no act of throwing actually took place, and there is no liability to bring a sin-offering. The Gemara answers: The case of the bolt and the cord was not stated with regard to Shabbat. Rather, it was stated with regard to one who intended to inflict a wound by throwing an object tied to a rope. The Gemara asks: This was also taught explicitly in the mishna: If one threw a rock on Shabbat to inflict a wound on a person or on an animal, and he remembered before the wound was inflicted, he is exempt. Rather, Rava said: This principle was stated with regard to a case of carrying, not throwing an object. Since one is holding the object the entire time while violating the prohibition, and is capable of letting it go at any time, this is a case whose beginning and conclusion are intentional.

The Gemara asks: Wasn’t this principle that was taught, taught with regard to throwing because that is the topic of the mishna? Rather, Rava said: Two separate matters were taught in the mishna. The first case is: One who unwittingly throws an object, and after the object left his hand he remembered that he was in violation of a prohibition. Alternatively, another case where one is exempt is: A case where one did not remember and another caught it, or a dog caught it, or if it was burned, he is exempt.

Rav Ashi said: The mishna is incomplete, and it teaches the following: One who throws a rock and remembers the violation after it left his hand, if another caught it, or if a dog caught it, or if it was burned, he is exempt. By inference, if the object comes to rest, he is liable. Rav Ashi adds: In what case are these matters stated? In a case where one then forgot again before the object came to rest. However, if one did not then forget again, he is exempt because all who are liable to bring sin-offerings are liable only if the beginning of their action and the conclusion of their action are unwitting.

We learned in the mishna that this is the principle: All who are liable to bring sin-offerings are only liable if the beginning of their action and the conclusion of their action are unwitting. It was stated that amora’im disputed this point. With regard to a case where one carried an object in the public domain two cubits unwittingly, and then became aware and carried it two more cubits intentionally, and then carried it two additional cubits unwittingly, and then placed the object, can this be characterized as a case in which the beginning of the action and the conclusion of the action are unwitting? Rabba said: One is exempt. Rava said: One is liable.

The Gemara clarifies the two positions. Rabba said: One is exempt. This is the halakha even according to Rabban Gamliel, who said: There is no awareness for half a measure, and therefore he is liable. Since one is not liable to bring a sacrifice for a half-measure, the fact that he became aware between consumption of the two halves of an olive-bulk is of no significance. One’s awareness does not demarcate between the two half-measures of two cubits with regard to liability to bring a sin-offering. He only said so there, when the measure that determines liability was completed, it was completed unwittingly. However, here, when the measure is completed, it is completed intentionally. In that case, he would say no, he is not liable. The measure that determines liability for carrying in the public domain on Shabbat is four cubits. When the object reached four cubits, he was carrying the object intentionally.

The Gemara explains: And in what case was this stated? If it was stated with regard to a case of throwing, the entire act was unwitting because when he became aware, there was nothing he could do to prevent the object from landing. Rather, it must have been with regard to a case of carrying.

Rava said: One is liable. Even according to the Rabbis, who said: There is awareness for half a measure, and therefore he is exempt, they only said so there, where it is still in his control to complete or terminate the action. But here, where it is not in his control to affect the outcome, they would not say so and would deem him liable. And in what case was this stated? If it was stated with regard to a case of carrying, the outcome is still in his control. Rather, it must have been with regard to a case of throwing. Apparently, Rabba and Rava do not disagree. They are discussing separate cases.

Rabba said: If one unwittingly threw an object from one domain to another or unwittingly threw an object four cubits in a public domain on Shabbat, and it came to rest in the mouth of a dog or in a furnace, he is liable. The Gemara asks: Didn’t we learn in the mishna: If another caught it, or if a dog caught it, or if it was burned, he is exempt? The Gemara answers: There, the case of the mishna where one is exempt, one did not intend to throw it into the dog’s mouth. A dog came and snatched the object, preventing it from landing at its intended destination. Since the intention of the thrower was not realized, he is exempt. However, here, where Rabba said that the thrower is liable, he intended to throw the object into the dog’s mouth. He is liable because his intention was realized.

Rav Beivai bar Abaye said: We also learned support for that distinction in a mishna: There is a person who performs a single act of eating an olive-bulk of food, and he is liable to bring four sin-offerings and one guilt-offering. How so? This halakha applies to one who is ritually impure who ate forbidden fat that was notar from a consecrated offering, i.e., it remained after the time when it may have been eaten expired, and this happened on Yom Kippur. The person who did this is liable to bring one sin-offering for eating consecrated food while impure, one for eating forbidden fat, one for eating notar, and one for eating on Yom Kippur. He is also liable to bring a guilt-offering for misuse of consecrated items.

Rabbi Meir says: There is one more sin-offering for which he may be liable. In addition, if it was Shabbat and he carried this olive-bulk of food from one domain to another in his mouth, he is liable for carrying out on Shabbat. The Rabbis said to Rabbi Meir: Liability for the sin-offering that you added is not incurred from violation of the same type of prohibition. He is liable for carrying out the food, not for eating it. However, fundamentally, the Rabbis agree that one would be liable for carrying out in that case. The Gemara asks: And why would one be liable? That carrying, which was done in one’s mouth, is not the typical manner of carrying out. Rather, it must be that since he intended to carry out the object in that manner, his thought renders his mouth a suitable place for placement of an object. Here, too, since he intends to throw the object into the dog’s mouth, his thought renders the dog’s mouth a suitable place for placement of an object, and he is liable for throwing it there.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Shabbat 102a examines liability for unwitting throwing on Shabbat, exploring when awareness during the act affects sin-offering obligations.